what do chinese call a lawyer

by Rhoda Lueilwitz 7 min read

Xiānshēng 先生 (born first, Mr., Sir.): This is a term commonly used as a respectful form of address for male law enforcement officials and other men. Originally it was reserved for teachers and other professionals such as doctors and lawyers, but its use widened during the Republic of China era to include all male members of society.

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What is the Chinese word for law?

The word for law in classical Chinese was fǎ (法). The Chinese character for fǎ denotes a meaning of "fair", "straight" and "just", derived from its water radical (氵). It also carries the sense of "standard, measurement, and model".

What is the legal term for lawyer?

A Chinese wall or ethical wall is an information barrier protocol within an organization designed to prevent exchange of information or communication that could lead to conflicts of interest.For example, a Chinese wall may be established to separate people who make investments from those who are privy to confidential information that could improperly influence the investment …

Why do foreign lawyers come to China?

Chinese nationality law details the conditions in which a person holds People's Republic of China (PRC) nationality. Foreign nationals may naturalize if they are permanent residents in any part of China or they have immediate family members who are Chinese citizens. Residents of the Taiwan Area are also considered Chinese citizens, due to the ...

What do you call someone who practices law?

A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister, barrister-at-law, bar-at-law, canonist, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant preparing, interpreting and applying the law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application …

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What was the criminal law of the Qing Dynasty?

One element of the traditional Chinese criminal justice system is the notion that criminal law has a moral purpose, one of which is to get the convicted to repent and see the error of his ways.

Which two Chinese philosophical schools strongly influenced the idea of law in China?

The two major Chinese philosophical schools discussed below, Confucianism and Legalism, strongly influenced the idea of law in China. Briefly, under Confucianism, the state should lead the people with virtue and thus create a sense of shame which will prevent bad conduct.

What are the two major legal theories?

Confucianism and Legalism are two major Classical legal theories or philosophies developed during the Spring and Autumn period and the Warring States period, a time that saw the most impressive proliferation of new ideas and philosophies in Chinese history. While both theories call for governmental hierarchy, they differ drastically in their views of human potential and the preferred means to achieve political order. Nevertheless, both theories have influenced and continue to influence the development of cultural, social, and legal norms in China.

What are the powers of the NPC?

The Constitution provides that the NPC is the supreme organ of state power over a structure of other people's congresses at various levels. The NPC has power to: 1 amend the Constitution by a two-thirds majority 2 promulgate legislation 3 elect and remove highest-level officials 4 determine the budget 5 control economic and social-development planning

What is the main idea of Confucianism?

The basic premise of Confucianism is the idea that human beings are fundamentally good. With this optimistic view on human potential, Confucius advocates for ruling through li – traditional customs, mores, and norms – which allow people to have a sense of shame and become humane people with good character, rather than through government regulations and penal law. The idea is that people will internalize the acceptable norms and only take proper actions. This will not only lead to a harmonious social order, but it will also provide the additional benefit of improving an individual’s inner character and the overall quality of the society. In contrast, codified laws require external compliance, and people may abide by the laws without fully understanding the reason for compliance. As such, a social order achieved through formal laws does not come with the additional benefit of better citizenry. It is worth noting, however, that even Confucius did not advocate for the elimination of formal laws. Rather, according to Confucius, laws should be used minimally and reserved only for those that insist on pursuing one’s self-interests without taking into account the well being of the society.

What does the Chinese word "fa" mean?

The Chinese character for fǎ denotes a meaning of "fair", "straight" and "just", derived from its water radical (氵). It also carries the sense of "standard, measurement, and model". Derk Bodde and Clarence Morris held that the concept of fǎ had an association with yì (義: "social rightness"). Yan Fu, in his Chinese translation ...

What was the Constitution of 1912?

This effort continued and was amplified in the republican period resulting in the Provisional Constitution of 1912 which included the idea of equality under the law, rights for women, and broader rights for citizens vis-à-vis the government.

What is an ordinary illegal act in China?

China Ordinary illegal act Circumstance. ... (Show more) Full Article. Chinese law, the body of laws in China and the institutions designed to administer them. The term encompasses both the legal history of China prior to the foundation of the People’s Republic of China in 1949 and the law of that country today.

What was the central feature of Chinese law until the end of the last dynasty?

The idea of the differential application of the law was to remain a central feature of Chinese law until the end of the last dynasty, the Qing, in 1911/12. So too, from the time of the Sui dynasty (581–618 ce) onward, the structure of imperial codes remained the same, with most provisions set forth in distinct chapters corresponding to the different “boards” or ministries (e.g., of war, rites, and public works) through which the Chinese state governed. Indeed, continuity was so key a feature of Chinese law that more than one-third of the statutes ( lu) in the Tang Code (653) can be found in the last Qing Code (1740), while several also were emulated in the legal systems of Japan ( see Japanese law ), Korea, and Vietnam.

Who was the first disciple of Confucius?

Confucius himself, in the Lunyu, saw a role for law (and not just in the form of punishment), and as prominent an early disciple as Xunzi (300–230 bce) argued that society needs law as well as morality but that the latter is more crucial than the former. Get a Britannica Premium subscription and gain access to exclusive content.

What would happen if a person was led by virtue?

If they be led by virtue…they will have a sense of shame and moreover will become good. Even as the Confucians envisioned the ideal society as one that emphasizes the desirability of cultivating virtue, they understood that some people are not influenced by moral suasion.

When was the Chinese Wall Defense to Law-Firm Disqualification published?

A leading note on the subject published in 1980 in the University of Pennsylvania Law Review titled "The Chinese Wall Defense to Law-Firm Disqualification" perpetuated the use of the term.

Why do Chinese walls exist?

Chinese walls may be used in law firms to address a conflict of interest, for example to separate one part of the firm representing a party on a deal or litigation from another part of the firm with contrary interests or with confidential information from an adverse party.

What is the definition of claim handling?

The term is used in property and casualty insurance to describe the separation of claim handling where both parties to a claim (e.g. an airport and an airline) have insurance policies with the same insurer. The claim handling process needs to be segregated within the organisation to avoid a conflict of interest.

Why do we have ethics walls?

The U.S. government has since passed laws strengthening the use Ethics walls such as Title V of the Sarbanes-Oxley Act in order to prevent such conflicts of interest. Ethics walls are also used in the corporate finance departments of the " Big Four " and other large accountancy and financial services firms.

What is the basic model used to provide both privacy and integrity for data?

The basic model used to provide both privacy and integrity for data is the "Chinese wall model" or the " Brewer and Nash model ". It is a security model where read/write access to files is governed by membership of data in conflict-of-interest classes and datasets.

What is clean room design?

There is a case-law mechanism called " clean room design " that is employed to avoid copyright infringement when reverse engineering a proprietary driver. It involves two separate engineering groups separated by a Chinese wall.

What is an over the wall employee?

The term "over the wall" is used when an employee who is not normally privy to wall-guarded information somehow obtains sensitive information.

What is the Chinese nationality law?

For regulations applicable to Taiwan, see Taiwanese nationality law. Chinese nationality law details the conditions in which a person holds People's Republic of China (PRC) nationality. Foreign nationals may naturalize if they are permanent ...

When was the first Chinese nationality law passed?

The Qing government created the first Chinese nationality law in 1909 , which defined a Chinese national as any person born to a Chinese father. Children born to a Chinese mother only inherited her nationality if the father was stateless or had unknown nationality status.

What is Hukou in China?

Hukou is a household registration system that regulates internal migration within mainland China. Citizens are assigned a hukou classification (rural or urban) at birth based on their family's registration. The type of social welfare a person receives from the state is tied to hukou; individuals with rural hukou are allocated a housing plot with land for farming, while urban residents are provided with a variety of government services in their locale including healthcare, public education, unemployment benefits, and subsidized housing. Changing from a rural hukou to an urban one was tightly controlled and very rare until the 1980s. While reforms have relaxed these regulations in recent years, requirements for changing registration vary by location and can be very stringent in the largest cities. By contrast, urban-to-rural conversion is extremely difficult due to the land use rights associated with rural hukou.

What were the issues with the Chinese government before the mid-19th century?

Before the mid-19th century, nationality issues in volving China were extremely rare and could be handled on an individual basis. Customary law dictated that children born to Chinese subjects took the nationality of the father, but did not have clear rules for renunciation of citizenship or the naturalization of aliens. Imperial Chinese subjects were traditionally severely restricted from traveling overseas and international travel was only sanctioned for official business. Disputes arising from nationality questions became more common as the Qing dynasty was forced through a series of unequal treaties to open up trade with Western empires and allow its subjects to migrate overseas.

When did Macau become a Chinese territory?

The territory was later fully ceded in the 1887 Sino-Portuguese Treaty of Peking, but returned to China in 1999. Following the 1974 Carnation Revolution, Portugal formally relinquished Macau as an overseas province in 1976 and acknowledged it as a "Chinese territory under Portuguese administration.".

When was Hong Kong transferred to China?

The entire territory of Hong Kong would be transferred to China at the conclusion of the New Territories lease in 1997 and governed under Chinese sovereignty as a special administrative region. Macau was established as a trading post in 1557 permanently leased to the Kingdom of Portugal by the Ming dynasty.

When did China revoke its nationality?

When the National People's Congress adopted the current nationality law in 1980, a further stipulation was added that automatically revokes nationality from Chinese nationals who settle overseas and voluntarily acquire foreign citizenship.

Where did the word "lawyer" come from?

Attorney, counsel, barrister or solicitor are all various names given to lawyers. The origin of the profession dates back to ancient Greece, when orators spoke on behalf of friends or citizens at their request.

What are the duties of a lawyer?

A lawyer has several duties which go beyond the basic court trial. Researching information, drafting documents, mediating disputes and providing counsel to clients about their legal rights are just some responsibilities involved depending on the area of law.

What is a bankruptcy lawyer?

Bankruptcy Lawyer. A bankruptcy lawyer assists individuals or organizations that make legal declarations stating their inability to pay their creditors. Understanding the process and filling out the bankruptcy forms can be daunting.

What does a criminal lawyer do during trial?

During trial, the criminal lawyer will advocate for the defendant and argue motions (motions to dismiss or motions to suppress), and also argue appeals - all motions and appeals need to be drafted and filed by the lawyer in advance. Accident and Personal Injury Lawyer.

How many hours do lawyers work?

A lawyer can work in a law firm, private company, or even work for state as a public defender or for the prosecution. Most attorneys work 50-80 hours per week, including weekends. The newly hired attorneys usually serve as clerks in charge of researching information and aiding in preparation for upcoming trials.

What does an animal lawyer do?

An animal lawyer will advise clients, research cases, review and prepare legal documents, conduct depositions, create pet trusts, argue cases in court, file class action lawsuits and a variety of other duties. They may also publish case studies in journals dedicated to the study of animal law.

What is legal separation?

In the case of legal separations, a divorce lawyer will grant the separation in the form of a court order (a legal separation is a process by which a married couple may formalize a separation while remaining legally married). When there are children involved, a divorce lawyer will help set the terms for child support and child custody.

What does the first character of a Chinese name mean?

In ancient China, the first character of a given name would be the ‘generational’ name. This means that all children in a family of the same gender and born in the same generation share the same first character.

How many Chinese names are there?

There are over 3500 Chinese family names, but only 100 are widely used.

What does "uncle" mean in a family?

大哥 (dà gē) Older brother (close to your age, but older) 大姐 (dà jiě) Older sister (close to your age, but older) 叔叔 (shū shu) Uncle (title for a man of around your father’s age )

What does "big uncle" mean?

表哥 (biǎo gē) Older Male Cousin (mother’s side) If there is more than one uncle who is older or younger in the family, they become 大 (dà) + uncle. For example, if your father has two older brothers, you would call the eldest brother 大伯 (dà bó), ‘big uncle’ and the next eldest 二伯 (èr bó) ‘2nd uncle’.

Why is it important to address each other in Korean?

In Korea, many people maintain the use of titles when addressing one another in order to be polite. Using the wrong name could cause offense, and so it is extremely important within Korean culture to learn and use correct titles.

What is the second character in the book?

The second character would be a personality trait. Given names are quite personal, and are only used by good friends and within a setting such as a family, class or office, where there is a well-defined group.

What does a lawyer do?

Lawyers provide advice and recommendations to clients regarding their legal rights and obligations. Also known as an attorney, a lawyer represents individuals and businesses during legal proceedings and disputes. Lawyers' clients may include individuals, groups, or businesses. Lawyer work includes researching applicable laws ...

What do lawyers do in court?

On a day-to-day basis, lawyers typically meet with clients, conduct legal research, and prepare and file court documents. Attorneys may also appear in court to select jury members and argue cases for their clients.

How much will lawyers increase in 2028?

The Bureau of Labor Statistics predicts that employment for lawyers will rise by about six percent between 2018 and 2028. This rate is roughly average, and competition for positions may be strong since the number of law school graduates is often higher than the number of available jobs for lawyers in a given year. Additionally, some tasks traditionally given to lawyers may be assigned to paralegals as companies seek to trim expenses.

What does a personal injury lawyer do?

A personal injury lawyer works with people who have been harmed and believe that the injury was due to negligence or that someone, such as an employer, is shirking their responsibility to pay.

What are the core courses in law school?

Core courses include torts, civil procedure, contracts, and criminal law. Later in their studies, students can take electives in the areas in which they hope to specialize. After completing law school, most states require that lawyers pass a bar exam and undergo an assessment of their character.

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